UK Credit Cards but living in EU

[exchange]

Incredible to see such an active lively forum dealing with real problems. Congratulations to all those contributors who have helped others out of debt.

I am new to this and have a set of circumstances that I hope someone wil know the answer to.

I have UK credit card debts which I was happily paying off until the credit crunch/crises/mess affected my ability to earn a living as I work in financial services and get paid in sterling but pay my bills in euros.

I would happily challenge my CCA agreements with MBNA, Capital1, RBS Mint and more but I do not know how the law stands as I am not UK resident.

I am also concerned as I cannot enter into arrangements with creditors or I would be unable to continue to work.

If anyone knows where I stand from the law aspect I believe I could challenge the CCA agreements without it affecting my credit file/rating.

All/any advice greatly appreciated.

[exchange]

Can anybody tell me what the arrow on the envelope next to my posting means? New to this forum and want to check I haven't done something I shouldn't.

Thanks

[exchange]

22 views so far and it looks like nobody knows the answers so far. Does anyone know if the Consumer Credit Act laws are binding on companies when the debtor (i.e me) lives in a different EU country. I was made to cancel two credit cards when I left the UK but the rest were OK to carry on. Not sure if the 14+2 days rules apply when I am in Europe??

Can anyone advise me please?

[exchange]

Looks like I need to try moneysavingexpert or other forums to find answers. If anyone can help I will be checking back here.

 

Thanks to anyone who replies.

[emboli]

I Can't add anything, but i'd also be interested in the position regarding eu and non eu residency and how it impacts. Can UK based debt be chased in over seas courts for example? (not hihacking - just interested in situation)

[exchange]

Hi emboli

 

Let's hope somebody knows the answer!

 

I have tried searching the internet unsuccessfully so far but will post any info I find.

[exchange]

bump

[exchange]

European Order for Payment 1.pdf

 

European Order for Payment 2.pdf

 

European Order for Payment 3.pdf

 

Attempting to attach pdf's but will try again if failed.

[emboli]

Is there any similar agreements with Australia or Newzealand? I've been unable to find anything so far.

[exchange]

European Order for Payment 4 (1).pdf

 

European Order for payment 4 (2).pdf

 

Got there in the end!

 

Attached and previous post attachments refer to new (as of 12 December 2008) legislation covering the EU for the recovery of debt, Regulation (EC) No. 1896/2006.

 

This is the procedure brought in for uncontested claims where there is no dispute over whether money is owed or not, but where the debtor is unable or unwilling to pay.

 

I hope someone who has more expertise can look over this and give an opinion as to whether or not an unenforceable CCA could be chased under these procedures, as presumably if there is no enforceable agreement the debt is not uncontested.

 

I am guessing that DCA's could still chase and debts can be sold on to a DCA in another country:idea:.

 

I am in an EU country with UK debts and for various reasons am unable to make payments at the moment. I sent CCA requests yesterday and am now waiting to see what I get back.

 

Any help or advice appreciated and once out of the mess I am in happy to donate to this site which has been a fantastic resource to give me the knowledge and confidence to contest paying 34.9% interest on one debt! (You can guess who!)

[exchange]

Hi emboli

 

Seems there isn't anything similar outside of the EU but I might be wrong.

[exchange]

Bump

 

A bit disappointed by the lack of responses. I would of thought the european legislation would be of some interest to the Site Team.

 

I can't believe there aren't other Brits living in other EU countries who don't have a similar situation and problems given the way the exchange rate on the Euro has gone.

 

Still. I have now CCA'd my CC's and will post responses when I get them.

[diddlydee]

Hi there, 1st time I have posted. I'm in same sinario CC debts in UK and live in EU because of Credit Crunch (husband couldnt get job in UK). Cant afford to pay them off. Interested in any solutions.

Thanks

[diddlydee]

Exchange.......what is CCA'd?

[exchange]

Hi diddlydee,

 

'CCA'd' means I have asked my credit card companies for copies of Credit Card Agreements under the Consumer Credit Act 1974 which you are entitled to do to find out if the agreement is enforceable.

 

If you look at other threads you will get the idea!

[diddlydee]

Thanks exchange. Any news yet? Can I contest paying sooo.....much interest on my CC's?

[MARTIN3030]

Sorry Exchange,there was no deliberate intentions to avoid a response-but CAG is a big site !!

I am acknowledging that site team is now aware.

I have to admit I am not up to speed in this area-hopefully one of the other team can throw some pointers.

[42man]

I'm afraid, I don't know enough about the cross EU regulations on debt, I know there are reciprocal regulations in some areas as far as things like benefits and taxation, but debt is a grey area. My guess is that unless the debt collection agency are able to pass a debt on to another DCA in your current country then I feel they will struggle to enforce a debt....this is only my opinion.

[42man]

A call to the National Debtline might possibly give you some more information - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

[ukaviator]

Hello Exchange

 

Sorry it has been so long on replying. Some UK Debt Collection Companies may have Partner Companies in the EU. Any agreement regulated under the Consumer Credit act is only enforceable in a Britsh court.

 

The EU has agreed a procedure known as an EPO -European Payment Order which came into force in January 2009 and can be used to enforce collection of a UK debt without the CCJ. The European Payment Order is only available for cross-border cases. It allows for citizens and businesses to use a simple method to enforce uncontested payments.

 

The European Payment Order is under PART 78 EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES - CIVIL PROCEDURE RULES

 

Link here:

 

PART 78 - EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES

 

If the companies involved know where you are, and the amount owing is worth the effort, then you may have them coming after you using this route.

[exchange]

Thanks to the site team responses, sorry only just saw them. I wondered if 'uncontested payments' mean they can still chase if an account is 'in dispute' I have had two CCA responses now and both are now 'in dispute' as they have not complied correctly, in my opinion. One with Crapone has a thread I have just started but for some reason i cannot add attachments! Can this be corrected please?

[sequenci]

Is there any similar agreements with Australia or Newzealand? I've been unable to find anything so far.

 

There are reciprocal agreements with the UK for both countries.

[exchange]

Thanks for the responses from the Site Team. I wondered if the 'uncontested debt' applies if an account is 'in dispute'? I have had two responses from CC companies both of which I have now disputed.